European Court probes constitutional court president's role in prosecutor appointment case

The European Court of Human Rights has sent a questionnaire to Spain’s government, the Association of Prosecutors and prosecutor José Miguel de la Rosa concerning the conduct of Constitutional Court President Cándido Conde-Pumpido in the amparo granted to Eduardo Esteban. The court’s inquiry follows complaints that the Constitutional Court’s 6-4 vote, which reversed two Supreme Court decisions canceling Esteban’s designation as minors’ prosecutor, was tainted by the president’s prior hierarchical relationship with the parties.

Plaintiffs argue this breached article 6’s fair-trial guarantee and article 14’s non-discrimination rule. They point to Conde-Pumpido’s intervention in promoting the case to the plenary and his role in admitting it for its alleged “constitutional significance.” The Association of Prosecutors also criticises the discretionary nature of the appointment process, saying merit was sidelined for ideological affinity. The European Court seeks clarification on procedural fairness, possible bias, and whether de la Rosa faced discrimination because of his association membership.